As Halloween approaches, the last thing you want is to accidentally buy a haunted house! We’ve all heard the ghost stories, creepy whispers at midnight, flickering lights, and cold drafts that seem to follow you. If you’re not in the mood for a visit from Casper, here are our top tips to avoid moving into a haunted property. This year the tips come with the real version underneath each one: the disclosures a California seller has to hand you, the three rules that changed on January 1, 2026, and what an inspection finds that no ghost story ever will.
Key insights
- Under California Civil Code 1710.2, a death on the property more than three years before your offer does not have to be disclosed, but a seller or agent may not lie if you ask directly.
- For sales on or after January 1, 2026, sellers of homes covered by the TDS (seller’s disclosure statement) rules, one to four units, must hand buyers a written notice recommending a professional electrical inspection (Civil Code 1102.6i), unless the building is within three years of its certificate of occupancy.
- Sellers who have actual knowledge of tobacco or vape smoke residue, or of occupants smoking on the property, must disclose it in writing (Civil Code 1102.6k, added by AB 455 (Assembly Bill 455), Chapter 263 of 2025).
- Sellers must also disclose, in writing, any state or local rule they know of that restricts replacing the home’s gas appliances (Civil Code 1102.6j, effective for sales on or after January 1, 2026).
- No California statute requires a home inspection. The seller’s disclosure statement (TDS) covers what the seller knows; only an inspector tells you what the house is hiding.
1. Check the history
Before signing the dotted line, do some research! If the house has a long history of owners leaving after only a few months, or if it’s been on the market too long, you might have a spooky situation on your hands. Ask neighbors about strange happenings, and check for any unusual property history. Haunted houses usually have more stories than just creaky floors!
The real version: California does not make sellers volunteer the ghost. Civil Code 1710.2 (as amended in 2016) says a death on the property, or the manner of death, is not a material fact that must be disclosed once it happened more than three years before you offer. A death inside the last three years is a different matter, and it belongs in the disclosures. The same section has a catch sellers forget: it gives no protection for an intentional misrepresentation in response to a direct question. So ask, in writing, “has anyone died on this property, and when?” A seller who answers falsely has stepped outside the law’s shelter.
The paperwork that tells the rest of the history is the seller’s disclosure statement, the TDS (the seller’s disclosure statement) required by Civil Code 1102 and following, where the seller lists known defects, repairs, additions, and neighborhood nuisances, and the NHD (Natural Hazard Disclosure, Civil Code 1103), which says whether the home sits in a flood, fire, or earthquake fault zone. Read both before the inspection contingency clock runs, not after.
2. Unexplained cold spots
Is the air conditioning working overtime in one room while the rest of the house feels warm? This could be more than just a draft! Paranormal experts say sudden cold spots can be a sign that ghosts are lingering. So, if your dream home feels like you’re suddenly in Antarctica without warning, it might be time to rethink that offer.
The real version: a cold room has a boring explanation almost every time, and the inspection report names it. Missing attic insulation over that room, a duct that came loose in the crawl space, a window that was never sealed, or a furnace that short-cycles. Those flickering lights from the ghost stories are the one item the state now flags for you: for sales on or after January 1, 2026, Civil Code 1102.6i requires the seller or the seller’s agent to deliver a written statement recommending a professional inspection of the electrical system, including the main panel, subpanels, and wiring. The statute’s own words say substandard or recalled wiring “may cause a fire risk and may make it difficult to obtain property insurance,” and that limited capacity can block solar, electric heating, or an EV (electric vehicle) charger later. Homes within three years of their certificate of occupancy are exempt. Take the notice literally: an electrician’s panel check costs far less than discovering a recalled panel after close of escrow, and in Contra Costa an insurer’s questions about the panel can decide whether you get a policy at all.
3. Look for unusual marks or symbols
If you walk into a basement and see strange symbols carved into the walls or floor, turn around and leave! While it could just be some artistic past owner, it’s best not to take your chances. Ghostly markings are often warning signs that paranormal forces are near. Stick to homes where the only things carved into the walls are happy memories!
The real version: the marks that matter are stains, not symbols. A tide line on a garage wall is past flooding. A diagonal crack over a doorway is movement in the foundation. A yellow halo on a ceiling is a roof or plumbing leak that someone painted over. The pest report (a termite and dry-rot inspection, standard in East Contra Costa sales) covers the wood; the general inspection covers the rest; neither is optional in practice even though neither is required by statute.
One mark you cannot see got its own law this year. AB 455 (Assembly Bill 455), Chapter 263, signed October 3, 2025, adds Civil Code 1102.6k: a seller who has actual knowledge of residue from smoking tobacco or nicotine products, or of occupants smoking or vaping on the property, must disclose that knowledge to the buyer in writing. The bill defines the residue by the smell of smoke or by test results showing elevated nicotine on surfaces or in dust, and it counts electronic cigarettes and vapes. The same 2026 package requires sellers to tell you, in writing, about any state or local rule they know of that restricts replacing the home’s gas appliances when you eventually swap the furnace or water heater (Civil Code 1102.6j).
4. Test for paranormal activity
Okay, maybe don’t bring a Ouija board to the open house, but pay attention to your gut feelings. If something doesn’t feel right, trust your instincts. Pets are also great at detecting ghosts! If your dog suddenly refuses to enter a room, that’s a red flag!
The real version: your instincts work better with three visits than with one. See the house on a weekday morning, a weekend afternoon, and after dark. Traffic on the street, the neighbor’s dog, the train line through Pittsburg, and the smell of the kitchen all change by the hour, and a single staged showing hides all of it. The drive-by habit from our earlier post, do a drive-by before scheduling a tour, is the cheapest paranormal test there is. Then let the inspector run the one you cannot: water pressure, drainage, the attic, the crawl space, every outlet, every window.
5. Beware of overly quiet houses
A quiet house can be a dream, and an overly silent one can feel unnerving. If you notice a lack of birds, animals, or even the usual sounds of a creaky house, it may indicate something ghostly is afoot.
The real version: an overly quiet house is usually a vacant one, and vacancy has its own problems. Traps under unused sinks dry out and let sewer gas in. Water heaters sit cold and pumps seize. Pests move in where nobody is listening. Ask how long the home has been empty and whether the utilities stayed on; the TDS (seller’s disclosure statement) asks the seller about vacancy and about systems that are not working, and the inspection confirms it. New construction is the quietest house of all, and it still needs the inspection, for the reasons in buying new construction in Pittsburg? Yes, you need an inspection.
6. Hire a real estate agent who knows the market
At Croskey Real Estate, we can help you avoid haunted houses (unless you’re looking for one!). We know how to spot red flags, whether it’s a creaky old Victorian or a brand-new home with an eerie feel.
The real version: the agent’s job in this story is the paperwork and the clock. Your buyer’s agent makes sure the TDS (seller’s disclosure statement), the NHD (Natural Hazard Disclosure), the electrical notice, the smoke-residue and gas-appliance disclosures, the pest report, and the inspection report all arrive before your contingency period ends, and then reads them with you. An appraisal does none of that, which is why we keep saying an appraisal is not an inspection. What buyer representation costs and covers at Croskey is on the buyer representation pricing page.
What a California seller must hand you, at a glance
| Document | What it tells you | Rule |
|---|---|---|
| Seller’s disclosure statement (TDS) | Known defects, repairs, additions, nuisances, systems that do not work, and deaths within the last three years | Civil Code 1102 and following; Civil Code 1710.2 for deaths |
| Natural Hazard Disclosure (NHD) | Flood, wildfire, earthquake fault, and other mapped hazard zones | Civil Code 1103 |
| Electrical inspection notice | A written recommendation to have the panel, subpanels, and wiring inspected | Civil Code 1102.6i, sales on or after January 1, 2026; homes under three years old exempt |
| Gas appliance restriction disclosure | Any known state or local rule limiting replacement of the gas appliances that come with the home | Civil Code 1102.6j, sales on or after January 1, 2026 |
| Smoke residue disclosure | Known tobacco, nicotine, or vape residue, or a history of occupants smoking on the property | Civil Code 1102.6k, added by AB 455 (Assembly Bill 455), Chapter 263 of 2025 |
| Home inspection and pest report | What the house is actually hiding | Not required by statute; standard practice, ordered by you |
Our read, from the operator’s chair
Every October a buyer asks us the same thing at a showing: did anyone die here? It is a fair question, and the law gives you a clear way to ask it. The answer that decides whether a house is a good buy sits somewhere less dramatic: page two of the TDS (seller’s disclosure statement), and whether the inspection report says the same thing the seller did. The problems that cost real money are ordinary ones. A ceiling stain that was painted over. An older electrical panel an insurer will not cover. A crawl space nobody opened. That is why we keep giving the same two pieces of advice: an appraisal is not an inspection, and new construction needs an inspection too. The 2026 disclosure rules do not replace that homework. They give it the state’s backing.
Happy house hunting and happy Halloween
Don’t let your dream home turn into a nightmare on Elm Street. Read the disclosures, order the inspection, and ask the death question in writing. If you want someone on your side of the table for all of it, book a buyer consultation and we will walk you through what a Pittsburg or Antioch purchase looks like from offer to keys. Real estate line: (925) 219-8488.
Happy house hunting and Happy Halloween!
This article is general information about California disclosure law as published on leginfo.legislature.ca.gov and read on October 13, 2026. It is not legal advice. Statutes change; confirm the current text, and ask a real estate attorney about your own purchase.
Frequently asked questions
Does a seller in California have to tell me if someone died in the house?
Only if the death happened within three years before your offer. Civil Code 1710.2 says an older death, or the manner of death, is not a material fact that must be disclosed. If you ask directly, though, the seller and the agent may not misrepresent the answer; the statute removes their protection for an intentional misrepresentation in response to a direct inquiry.
What changed for home sellers in California on January 1, 2026?
Three disclosures were added to the standard disclosure package: a written notice recommending a professional electrical inspection (Civil Code 1102.6i), a written disclosure of any known rule restricting replacement of the home’s gas appliances (Civil Code 1102.6j), and a written disclosure of known tobacco, nicotine, or vape smoke residue or a history of occupants smoking on the property (Civil Code 1102.6k, from AB 455, Assembly Bill 455).
Is a home inspection required to buy a house in California?
No statute requires one. The seller’s disclosures cover what the seller knows. The inspection, the pest report, and an electrician’s panel check are the buyer’s tools, ordered during the contingency period, and they are the only way to learn what the seller does not know or did not write down.
Can I back out if the inspection finds a problem?
During an inspection contingency period, a buyer can usually cancel or renegotiate based on the inspection findings, within the deadlines in the purchase agreement. The exact rights depend on the contract you signed, so read the contingency dates with your agent before the clock starts.
